Legal Opinion

Fleisch v. Insurance Co. of North America

Missouri Court of Appeals

Decided May 29, 1894PublishedCited by 16 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. V allí ant, Judge. (1) Where the policy provides for an examination ■under oath, it is the duty of the assured to submit to such examination, and his failure to do so prevents his recovery. Bonner v. Home Ins. Co., 13 Wis. 677; Grig shy v. German Ins. Co., 47 Mo.

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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. V allí ant, Judge. (1) Where the policy provides for an examination ■under oath, it is the duty of the assured to submit to such examination, and his failure to do so prevents his recovery. Bonner v. Home Ins. Co., 13 Wis. 677; Grig shy v. German Ins. Co., 47 Mo. App. 276; Weide (1) An insurance company waives its right to arbitration by omitting to make request therefor during the sixty days preceding maturity' of the policy. Aurora Ins, Co. v. Johnson, 46 Ind. 315; Zunenshi v. Ins. Co., 52 N. W. Rep. (Mich.) 55; Gibbs v. Ins.…

1Opinion of the CourtRombaueb, P. J.

This is an action upon a fire insurance policy by the assignee of the assured. The assured was one Abe Strouse, who did business under the name of Strouse & Company in Glasgow, Missouri; and the property insured was merchandise in a store. At the date of the fire this merchandise was covered by insurance to the amount of $20,500. Of this amount the defendant carried $3,000 on the policy now sued upon, such policy expiring May 1,1892. On February 19, 1892, the store burned down, and the property insured became a total loss.

The plaintiffs’ petition states the insurance and total loss, and also…

2Cases cited8 opinions

  1. Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
  2. O'Brien v. . Commercial Fire Ins. Co.New York Court of Appeals · 1875
  3. Meyer v. . CahenNew York Court of Appeals · 1888
  4. Wyeth Hardware & Manufacturing Co. v. H. F. Lang & Co.Missouri Court of Appeals · 1893
  5. Grigsby v. German InsuranceMissouri Court of Appeals · 1890

3 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Kansas City Stock Yards Co. v. A. Reich & SonsSupreme Court of Missouri · 1952
  2. Hickman v. London Assurance Corp.California Supreme Court · 1920
  3. Gipps Brewing Corp. v. Central Manufacturers' Mut. Ins.Court of Appeals for the Seventh Circuit · 1945
  4. Liverpool London Globe Ins. Co. v. CargillSupreme Court of Oklahoma · 1914
  5. Firemen's Fund Insurance v. SimsSupreme Court of Georgia · 1902

11 more not listed; retrieve them via the Exa API.

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